Many items available for sale or viewing via the Internet, such as sexually explicit materials, are age restricted and subject to other regulations such as federal and state obscenity laws and the federal record keeping and labeling laws (18 U.S.C. §2257, 18 U.S.C. §2257A, and 28 CFR Part 75 et seq.) applicable to sexually explicit materials. These and other laws not only restrict who can lawfully access or view restricted materials, but also, as in the case of sexually explicit materials, how mandatory records pertaining to the materials are to be maintained and how mandatory compliance statements are to be associated with such materials (See 28 CFR 75.6-75.8). Many activities such as online gambling and purchases of alcoholic beverages are likewise age restricted and subject to other specific regulations.
With respect to the management of mandatory records required by 18 U.S.C. §2257, 18 U.S.C. §2257A, and 28 CFR Part 75 et seq., producers of certain materials are required to create and maintain copies of certain records pertaining to depictions subject to the aforesaid regulations. This imposes a burden on such “producers”, as that term is defined in 28 CFR Part 75.1, and on other persons and entities that “produce”, as that term is defined in 18 U.S.C. §2257 (h) (“Producers”), such sexually explicit materials, such as X-rated DVDs, web sites containing such materials, adult-oriented online video chat and sexually explicit content distributed via mobile telephone devices, in that, some Producers are, in effect, distributors, re-publishers, re-issuers and creators of derivative works of such materials (“Secondary Producers”) and such Secondary Producers usually do not have the original records pertaining to such materials as such records are almost always originally created and maintained by the Producers that actually originally create such materials (“Primary Producers”). Nevertheless, Secondary Producers are obligated to obtain such records to independently comply with the regulations pertaining thereto. Often the Primary Producers provide copies of the mandatory records required by the federal law for explicit materials to Secondary Producers. In many instances, this is difficult, time consuming and costly. For example, it is difficult, time consuming and costly to provide such records to video distributor e-trailers and other Secondary Producers that sell the Primary Producers' DVDs via the Secondary Producers' web sites, wherein the Secondary Producers display explicit trailers or explicit portions of the product packaging on the distributors' retail web sites, also known as e-tailing web sites. Further, broad distribution of the records to Secondary Producers, which include personal information of performers subjects the performers depicted in the subject material to potential identity theft and other violations of privacy rights.
Currently, many web sites containing age restricted materials or parts of the web site that are prohibited to minors, limit access to such materials or such parts of the web site through the use of passwords which are provided to users in association with the purchase of a membership with a credit card. Prepayment with credit cards has been a legally recognized effective means to restrict access to inappropriate materials by minors. It is, for example, a recognized means to restrict access to such materials set forth in the Child Online Protection Act.
Some web sites, for example, online video adult DVD distributors, however, typically do not require credit card prepayment-based age verification solely for the purpose of perusing the web site or the materials available for sale thereon. This is, in large part, a response to consumer preference not to provide credit card information merely to view advertisements relating to sexually explicit products and services. Consequently, if sexually explicit material is depicted on such web sites, such as, for example reproductions of backs of adult DVD boxes which commonly contain such depictions, the operators of such web sites are subject to potential prosecution under the Child Online Protection Act and other laws prohibiting the distribution of harmful matter or obscenity to minors.
A need in the industry exists to provide operators of such web sites with means to quickly and simply verify the adult status of viewers of such material. A further need in the industry exists to provide such means without requiring a consumer to disclose credit card information to merely view advertisements for sexually explicit material. Additionally, since the determination of whether sexually explicit material is obscene requires the application of the community standards applicable to the location from which or into which such material is transmitted, a further need exists to provide contractual and geographical limitation management over the distribution of such materials for the purpose of viewing an age-restricted movie trailers, video clips, advertisements or other similar matter that might be obscene or harmful to minors. A further need in the industry exists for a password system that allows the obtaining and use of a password or identification that allows the user to access a variety of restricted information and material resident on disparate and disassociated merchant venues, such as retail or distributor web sites. A still further need in the industry exists for a password system that allows a user to obtain and use a password or identification to access a variety of restricted information and material resident on disparate and disassociated merchants' venues, such as retail or distributor web sites.
Many adult entertainment web sites offering explicit sexual depictions for viewing by members offer “tours” of the subject web site as an enticement for visitors to purchase a membership to the web site. It is commonly understood in the online adult entertainment industry that tours containing sexually explicit materials are a more effective means of selling memberships to adult entertainment web sites offering sexually explicit content than tours that only comprise material that cannot be deemed to be harmful to minors. Consequently, a need in the industry exists to provide tours that contain sexually explicit materials to persons in a manner that restricts minor access to such tours. A further need in the industry exists to provide such tours in a manner that restricts minor access to such tours without requiring the use of a credit card.
Many web sites offering age-restricted content or other age-restricted products or services are promoted via affiliate marketing programs. Such affiliate marketing programs commonly involve the sending of Internet traffic or sales opportunities from one merchant web site, i.e., a “Traffic Sending Web Site”, to another merchant web site, i.e., a “Traffic Receiving Web Site”, in exchange for a “pay-per-click”, a “pay-per-join” or other commission payment. Often such arrangements involving the marketing of online adult entertainment available on, at, or in association with the Traffic Receiving Web Site also involve the sending of Internet traffic from Traffic Sending Web Sites that contain sexually explicit depictions that might not be in compliance with all laws pertaining thereto, including laws that require that minors be prevented from accessing material inappropriate for minors. Consequently, affiliate marketing payments to such an affiliate operating a noncompliant Traffic Sending Web Site can expose the operator of the subject Traffic Receiving Web Site to substantial direct and/or vicarious criminal and civil liability. A need in the industry exists to provide operators of affiliate marketing programs and operators of Traffic Receiving Web Sites with affiliate marketing methods and participants that do not send traffic or sales leads to Traffic Receiving Web Sites in a manner that exposes a Traffic Receiving Web Site to such direct or vicarious criminal or civil liability.